AGUILERA, MARINA (6) - Laserfiche WebLink

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N-2023-115 INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK '..yW'sA`') DATE: MAY 16 2023 WItIiArtl Sk)&Vat)ttITY OF SANTA ANA ARTIST AGREEMENT WITH MARINA AGUILERA FOR MURAL ON GARDEN WALL BUILDING AT EL SALVADOR PARK This Artist Agreement ("Agreement") is made and entered this 9th day of May, 2023, by and between the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Marina Aguilera, an individual ("Artist"). City and Artist may herein individually be referred to as a "Party' and collectively be referred to as the "Parties' to the Agreement. RECITALS: A. City desires to engage Artist to render an 8ft x 14ft paint/tile mural ("Artwork") on the Garden Wall Building located on City -owned property at El Salvador Park ("Site"). A true and correct copy of Artist's Scope of Work is attached hereto as Exhibit A and incorporated herein by reference. B. In undertaking the performance pursuant to this Agreement, Artist represents they are skilled and knowledgeable in the arts and culture arena and that the Artwork created hereunder will be created in compliance with such standards as may reasonably be expected from an artist. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Term. This Agreement shall be effective upon the date first written above and expire June 15, 2023, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended upon a writing executed by the Artist, City Manager and City Attorney. 2. Funding. 2.1. Subject to Artist's performance of all required actions under this Agreement, City shall provide funding, as detailed below, of an amount not to exceed Six Thousand Dollars and Zero Cents ($6,000.00). 2.2. Artist will be paid in two (2) installments. First payment will be half of the funding amount provided above, or $3,000, and will be provided upon the full execution of the Agreement by the parties and City's receipt of an invoice from Artist, subject to City account procedures. The second and final payment will include the remaining amount of $3,000 and will be issued within thirty (30) days after the Artist completes the Artwork, submits to the City all the proper invoices and final report for the Artwork, and Artwork is approved by the Executive Director of Parks, Recreation and Community Services Agency, or their designee. 2.3. Appropriate performance of the Artwork by Artist will be determined by City in its sole discretion. City reserves the right to cease funding after the first disbursement detailed above, and to be reimbursed the initial payment, if Artist's performance is determined to be insufficient or unacceptable in the City's sole discretion. Page 1 of 7